MATTER OF MOORE v. MacRAE


177 A.D.2d 1012 (1991)

In the Matter of Kevin Moore, Respondent, v. Kim MacRae, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1991


Order unanimously reversed on the law with costs and petition dismissed.

Memorandum:

Family Court erred by granting an order changing custody of this 12-year-old boy from his mother to his father. When considering a petition for a change of custody, absent countervailing circumstances, the court should give priority to the agreement of the parties concerning which parent should have custody. Here, the mother had...

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